In
Ex parte El Reposo Nursing Home Group, Inc., [Ms. 2100745, Sept. 16, 2011] __ So. 3d __(Ala. Civ. App. 2011), the
Alabama Court of Civil Appeals held that an employer cannot escape its
obligation to provide an injured worker with medical treatment by relying
on a medical opinion that directly conflicts with a trial court's
determination of medical causation. Plaintiff was injured at work in April
2006. Plaintiff filed a worker's compensation claim against her employer,
El Reposo, in May 2007. In May 2009, the trial court conducted a trial
on the issue of legal and medical causation and determined that Plaintiff's
injuries were related to her April 2006 accident. In October 2009, a physician
selected by El Reposo as Plaintiff's authorized treating physician,
concluded that Plaintiff's pain-management treatment was not related
to her April 2006 injury. El Reposo therefore refused to authorize Plaintiff's
pain management treatment. The trial court then ordered El Reposo to provide
another orthopedic physician to examine Plaintiff to determine the necessity
of surgical intervention or provide Plaintiff with pain management treatment.
The new physician agreed with the previous physician that the pain management
treatment was not related to the April 2006 work injury. Plaintiff sought
an order compelling medical treatment, which was granted in September
2010. The trial court amended its order to include detailed findings of
fact and conclusions of law in March 2011. El Reposo argued on appeal
that the "trial court has improperly usurped the role of the authorized
treating physicians and has itself made a medical decision regarding the
proper medical treatment to be provided to [Plaintiff]." The Alabama
Court of Civil Appeals disagreed, holding that "the trial court had
resolved the medical-causation issue in [Plaintiff's] favor before
El Reposo authorized treatment by Dr. Jones and Dr. Morris. Regardless
of whether Dr. Jones and Dr. Morris have formed the medical opinion that
[Plaintiff's] pain is not related to her work-related injury, El Reposo
has the duty to provide treatment for [Plaintiff's] pain because the
trial court has concluded that medical causation exists."

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.